1. (a) In cases where a party, representative, or witness has a disability requiring accommodation, the relevant individual shall be responsible for requesting an accommodation from the CHO.

2. (b) For the purposes of this section, the following definitions apply:

   1. (1) “Disability” means any mental or physical disability as defined in Government Code sections 12926 and 12926.1.
   2. (2) “Accommodations” means reasonable modifications that make services, programs, or activities readily accessible to and usable by persons with disabilities. Accommodations may include changing procedures, providing assistive devices, or assigning assistive services.

3. (c) To request an accommodation, the applicant may use the form provided by the CHO, submit a request in another written format, or make an oral request. Requests for accommodation shall do all of the following:

   1. (1) Identify the case name and file number.
   2. (2) Name the person with disabilities and their role in the case.
   3. (3) Describe the desired accommodation.
   4. (4) State the impairment that necessitates the accommodation.
4. (d) Disability accommodation requests shall not address substantive issues involved in a legal proceeding. Additional information, including medical documentation, may be requested by the CHO as support for the accommodation request.
5. (e) Upon submitting a request, the requestor must enter an interactive process to assist in determining what, if any, reasonable accommodation may be provided. The interactive process includes providing additional information and timely correspondence with the CHO as needed to address the accommodation request.
6. (f) Accommodation requests shall be submitted to the CHO as far in advance as possible and at least 14 days before the date when the accommodation is needed. Requests submitted less than 14 days before the date of implementation will still be considered, and the CHO will make reasonable efforts to provide the requested accommodation by that date unless the late submission makes implementation infeasible.

7. (g) Grounds for denying a request for disability accommodation include any of the following:

   1. (1) The request for accommodations failed to satisfy the requirements of this rule.
   2. (2) Providing the accommodation would cause an undue hardship.
   3. (3) Providing the accommodation would fundamentally alter the nature of the services being provided.

Note: Authority cited: Section 11400.20, Government Code; and Sections 14536 and 40502, Public Resources Code. Reference: Section 11400.20, Government Code.

History

1. New section filed 5-12-2026; operative 7-1-2026 (Register 2026, No. 20).